Prosecution Insights
Last updated: July 17, 2026
Application No. 18/891,529

VARIABLE MAGNIFICATION OPTICAL SYSTEM, OPTICAL DEVICE, AND METHOD FOR MANUFACTURING VARIABLE MAGNIFICATION OPTICAL SYSTEM

Non-Final OA §102
Filed
Sep 20, 2024
Priority
Mar 29, 2022 — JP 2022-053481 +1 more
Examiner
COLLINS, DARRYL J
Art Unit
Tech Center
Assignee
NIKON Corporation
OA Round
1 (Non-Final)
89%
Grant Probability
Favorable
1-2
OA Rounds
2m
Est. Remaining
94%
With Interview

Examiner Intelligence

Grants 89% — above average
89%
Career Allowance Rate
1255 granted / 1410 resolved
+29.0% vs TC avg
Minimal +5% lift
Without
With
+5.0%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 0m
Avg Prosecution
22 currently pending
Career history
1427
Total Applications
across all art units

Statute-Specific Performance

§101
0.6%
-39.4% vs TC avg
§103
26.5%
-13.5% vs TC avg
§102
60.7%
+20.7% vs TC avg
§112
1.1%
-38.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1410 resolved cases

Office Action

§102
DETAILED ACTION Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Priority Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. Information Disclosure Statement The information disclosure statement (IDS) submitted on September 20, 2024 has been considered by the examiner. Claim Objections Claims 1, 5-8, 10, 11, 15-19 and 21 are objected to because of the following informalities: In claim 1, line 12, after “conditional expression”, “.” should be deleted. In claim 1, line 16, after “the second lens group”, “.” should be inserted. In claim 5, line 2, after “conditional expressions are satisfied”, “.” should be deleted. In claim 5, line 13, after “telephoto end state”, “.” should be inserted. In claim 6, line 2, after “conditional expressions are satisfied”, “.” should be deleted. In claim 6, line 13, after “telephoto end state”, “.” should be inserted. In claim 7, line 2, after “conditional expressions are satisfied”, “.” should be deleted. In claim 7, line 9, after “telephoto end state”, “.” should be inserted. In claim 8, line 2, after “conditional expressions are satisfied”, “.” should be deleted. In claim 8, line 9, after “telephoto end state”, “.” should be inserted. In claim 10, line 3, after “expressions”, “.” should be deleted. In claim 10, line 7, after “second focusing lens group”, “.” should be inserted. In claim 11, line 2, after “conditional expression is satisfied”, “.” should be deleted. In claim 11, line 6, after “second focusing lens group”, “.” should be inserted. In claim 15, line 3, after “conditional expression”, “.” should be deleted. In claim 15, line 7, after “aberration lens group”, “.” should be inserted. In claim 16, line 2, after “conditional expression is satisfied”, “.” should be deleted. In claim 16, line 7, after “state”, “.” should be inserted. In claim 17, line 2, after “conditional expression is satisfied”, “.” should be deleted. In claim 17, line 7, after “state”, “.” should be inserted. In claim 18, line 2, after “conditional expression is satisfied”, “.” should be deleted. In claim 18, line 7, after “state”, “.” should be inserted. In claim 19, line 2, after “conditional expression is satisfied”, “.” should be deleted. In claim 19, line 8, after “state”, “.” should be inserted. In claim 21, line 13, after “conditional expression is satisfied”, “.” should be deleted. In claim 21, line 17, after “second lens group”, “.” should be inserted. Appropriate correction is required. Claim Rejections - 35 USC § 102 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. Claims 1, 2, 4-8, 10-13, 15, 17, 18, 20 and 21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yoshinaga et al (U.S. Patent Publication 2012/0105683). With regard to independent claim 1, Yoshinaga et al teaches a variable magnification optical system (page 1, paragraph [0002] and Figure 1) comprising a first lens group (Figure 1, element G1), a second lens group (Figure 1, element G2), a third lens group (Figure 1, element G3), and a rear group (Figure 1, elements G4, G5 and G6) in order from an object side (Figure 1), at varying magnification the distances between adjacent lens groups being varied (page 9, Table 3, data for d4, d8, d11, d16 and d20), at a predetermined object distance the variable magnification optical system having a plurality of focused states with different amounts of aberration (Figures 2(a), 2(b) and 2(c), graphs for AST), the rear group including a first focusing lens group (page 4, paragraph [0086], lines 6-14 and Figure 1, element G4) and a second focusing lens group disposed closer to an image side than the first focusing lens group (page 4, paragraph [0086], lines 6-14 and Figure 1, element G5), the first and second focusing lens groups moving along different trajectories at focusing (page 4, paragraph [0086], lines 6-14 and Figure 1, focusing movement indicated by arrows), at the predetermined object distance the first and second focusing lens groups moving at transition from a first focused state to a second focused state, the first and second focused states being among the plurality of focused states and having different amounts of aberration (Figures 2(a), 2(b) and 2(c), graphs for AST, wherein aberration values are different for each state), the variable magnification optical system satisfying the following conditional expression: -6.80 <fl/f2 <-0.05, as defined (page 9, Table 3, wherein f1 = 33.38616; f2 = -10.88292; and f1/f2 = -3.07). With regard to dependent claim 2, Yoshinaga et al teaches all of the claimed limitations of the instant invention as outlined above with respect to independent claim 1, and further teaches such a variable magnification optical system wherein at the predetermined object distance the first and second focusing lens groups move in the same direction at transition from the first focused state to the second focused state (page 4, paragraph [0086], lines 6-14, wherein G4 moves toward the object side at the wide-angle limit (first state) and at a middle position (second state) and G5 moves to the object side at the wide-angle limit (fist state) and at a middle position (second state). With regard to dependent claim 4, Yoshinaga et al teaches all of the claimed limitations of the instant invention as outlined above with respect to independent claim 1, and further teaches such a variable magnification optical system wherein the first and second focusing lens groups are disposed between an aperture stop and an image plane (Figure 1, wherein the first focusing lens (G4) and the second focusing lens (G5) are positioned between an aperture stop (A) and an image plane (I)). With regard to dependent claim 5, Yoshinaga et al teaches all of the claimed limitations of the instant invention as outlined above with respect to dependent claim 4, and further teaches such a variable magnification optical system wherein the following conditional expressions are satisfied: -0.20<DsrlW/TLW<0.20 and -0.25<DsrlT/TLT<0.25, as defined (pages 8 and 9, Tables 1 and 3, wherein Dsr1W = 8.0384; Dsr1T = 0.7306; TLW = 64.6931; TLT = 64.6931; Dsr1W/TLW = 0.124; and Dsr1T/TLT = 0.01). With regard to dependent claim 6, Yoshinaga et al teaches all of the claimed limitations of the instant invention as outlined above with respect to dependent claim 4, and further teaches such a variable magnification optical system wherein the following conditional expressions are satisfied: 0.10<Dsr2W/TLW<0.40 and 0.10<Dsr2T/TLT<0.40, as defined (pages 8 and 9, Tables 1 and 3, wherein Dsr2W = 18.2446; Dsr2T = 18.2182; TLW = 64.6931; TLT = 64.6931; Dsr2W/TLW = 0.282; and Dsr2T/TLT = 0.282). With regard to dependent claim 7, Yoshinaga et al teaches all of the claimed limitations of the instant invention as outlined above with respect to dependent claim 4, and further teaches such a variable magnification optical system wherein the following conditional expressions are satisfied: Dsr1W/DsiW<0.30 and DsrlT/DsiT<0.35 (pages 8 and 9, Tables 1 and 3, wherein Dsr1W = 8.0384; Dsr1T = 0.7306; DsiW = 38.68821; DsiT = 0.21; Dsr1W/DsiW = 0.124; and Dsr1T/DsiT = 0.018). With regard to dependent claim 8, Yoshinaga et al teaches all of the claimed limitations of the instant invention as outlined above with respect to dependent claim 4, and further teaches such a variable magnification optical system wherein the following conditional expressions are satisfied: 0.20 < Dsr2W/DsiW and 0.25 < Dsr2T/DsiT (pages 8 and 9, Tables 1 and 3, wherein Dsr2W = 18.2446; Dsr2T = 18.2182; DsiW = 38.68821; DsiT = 0.21; Dsr2W/DsiW = 0.47; and Dsr2T/DsiT = 0.47). With regard to dependent claim 10, Yoshinaga et al teaches all of the claimed limitations of the instant invention as outlined above with respect to independent claim 1, and further teaches such a variable magnification optical system wherein the first or second focusing lens group includes at least one lens satisfying the following conditional expression.1.60 < ndF < 2.00, as defined (page 8, Table 1, lenses defined by Surface numbers 12/13 (nd = 1.63818); 14/15 (nd = 1.70394); and 15/16 (nd = 1.83173)). With regard to dependent claim 11, Yoshinaga et al teaches all of the claimed limitations of the instant invention as outlined above with respect to independent claim 1, and further teaches such a variable magnification optical system wherein the following conditional expression is satisfied: 0.00<|fF1/fF2|<4.00 (page 9, Table 3, wherein fF1 = 25.75718; fF2 = 47.46087; |fF1/fF2| = 0.54). With regard to independent claim 12, Yoshinaga et al teaches a variable magnification optical system (page 1, paragraph [0002] and Figure 1) comprising a first lens group (Figure 1, element G1), a second lens group (Figure 1, element G2), a third lens group (Figure 1, element G3), and a rear group (Figure 1, elements G4, G5 and G6) in order from an object side (Figure 1), at varying magnification the distances between adjacent lens groups being varied (page 9, Table 3, data for d4, d8, d11, d16 and d20), at a predetermined object distance the variable magnification optical system having a plurality of focused states with different amounts of aberration (Figures 2(a), 2(b) and 2(c), graphs for AST), the rear group including a focusing lens group that moves at focusing (page 4, paragraph [0086], lines 6-14 and Figure 1, element G4), and a variable aberration lens group that differs from the focusing lens group (page 4, paragraph [0086], lines 6-14 and Figure 1, element G5, wherein aberration correction is implemented by focusing lens group G5 to correct blur) and that moves at the predetermined object distance at transition from a first focused state to a second focused state (page 4, paragraph [0086], lines 6-14; Figure 1, focusing movement indicated by arrows and Figures 2(a), 2(b) and 2(c), graphs for AST, wherein aberration values are different for each state), the first and second focused states being among the plurality of focused states and having different amounts of aberration (Figures 2(a), 2(b) and 2(c), graphs for AST, wherein aberration values are different for each state. With regard to dependent claim 13, Yoshinaga et al teaches all of the claimed limitations of the instant invention as outlined above with respect to independent claim 12, and further teaches such a variable magnification optical system wherein the variable aberration lens group is disposed between an aperture stop and an image plane (Figure 1, wherein the variable aberration lens group (G5) is positioned between an aperture stop (A) and an image plane (I)). With regard to dependent claim 15, Yoshinaga et al teaches all of the claimed limitations of the instant invention as outlined above with respect to independent claim 12, and further teaches such a variable magnification optical system wherein the focusing lens group and the variable aberration lens group are composed of a lens satisfying the following conditional expression: 1.49 < ndFDC < 1.95, as defined (page 8, Table 1, lenses defined by Surface numbers 12/13 (nd = 1.63818); 14/15 (nd = 1.70394); and 15/16 (nd = 1.83173)). With regard to dependent claim 17, Yoshinaga et al teaches all of the claimed limitations of the instant invention as outlined above with respect to independent claim 12, and further teaches such a variable magnification optical system wherein the following conditional expression is satisfied: 1.00 < f1/fW < 4.00 (page 9, Table 3, wherein f1 = 33.38616; fW = 14.5995; f1/fW = 2.286). With regard to dependent claim 18, Yoshinaga et al teaches all of the claimed limitations of the instant invention as outlined above with respect to independent claim 12, and further teaches such a variable magnification optical system wherein the following conditional expression is satisfied: 0.10 < Y/fW < 1.00 (page 9, Table 3, wherein Y = 10.8150; fW = 14.5995; Y/fW = 0.74). With regard to dependent claim 20, Yoshinaga et al teaches all of the claimed limitations of the instant invention as outlined above with respect to independent claim 1, and further teaches an optical device comprising such a variable magnification optical system (page 13, paragraph [0171]). With regard to independent claim 21, Yoshinaga et al teaches a method of manufacturing a variable magnification optical system (page 1, paragraph [0002] and Figure 1) comprising a first lens group (Figure 1, element G1), a second lens group (Figure 1, element G2), a third lens group (Figure 1, element G3), and a rear group (Figure 1, elements G4, G5 and G6) in order from an object side (Figure 1), the method comprising configuring the lens group so that at varying magnification the distances between adjacent lens groups are varied (page 9, Table 3, data for d4, d8, d11, d16 and d20), at a predetermined object distance the variable magnification optical system has a plurality of focused states with different amounts of aberration (Figures 2(a), 2(b) and 2(c), graphs for AST), the rear group includes a first focusing lens group (page 4, paragraph [0086], lines 6-14 and Figure 1, element G4) and a second focusing lens group disposed closer to an image side than the first focusing lens group (page 4, paragraph [0086], lines 6-14 and Figure 1, element G5), the first and second focusing lens groups moving along different trajectories at focusing (page 4, paragraph [0086], lines 6-14 and Figure 1, focusing movement indicated by arrows), at the predetermined object distance the first and second focusing lens groups move at transition from a first focused state to a second focused state with a different amount of aberration (Figures 2(a), 2(b) and 2(c), graphs for AST, wherein aberration values are different for each state), and the following conditional expression is satisfied: -6.80 <fl/f2 <-0.05, as defined, (page 9, Table 3, wherein f1 = 33.38616; f2 = -10.88292; and f1/f2 = -3.07). The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claims 1, 3-8, 11-13, 15, 17-21 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Machida (U.S. Patent Publication 2020/0341246). The applied reference has a common assignee with the instant application. Based upon the earlier effectively filed date of the reference, it constitutes prior art under 35 U.S.C. 102(a)(2). This rejection under 35 U.S.C. 102(a)(2) might be overcome by: (1) a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application and is thus not prior art in accordance with 35 U.S.C. 102(b)(2)(A); (2) a showing under 37 CFR 1.130(b) of a prior public disclosure under 35 U.S.C. 102(b)(2)(B) if the same invention is not being claimed; or (3) a statement pursuant to 35 U.S.C. 102(b)(2)(C) establishing that, not later than the effective filing date of the claimed invention, the subject matter disclosed in the reference and the claimed invention were either owned by the same person or subject to an obligation of assignment to the same person or subject to a joint research agreement. With regard to independent claim 1, Machida teaches a variable magnification optical system (page 1, paragraph [0001] and Figure 28) comprising a first lens group (Figure 28, element G1), a second lens group (Figure 28, element G2), a third lens group (Figure 28, element G3), and a rear group (Figure 28, elements G4, G5, G6 an G7) in order from an object side (Figure 1), at varying magnification the distances between adjacent lens groups being varied (page 1, paragraph [0005]), at a predetermined object distance the variable magnification optical system having a plurality of focused states with different amounts of aberration (Figures 29A, 29B, 29C, 30A, 30B and 30C, and page 2, paragraphs [0041] and [0042]), the rear group including a first focusing lens group (Figure 28, element G4) and a second focusing lens group disposed closer to an image side than the first focusing lens group (Figure 28, element G5), the first and second focusing lens groups moving along different trajectories at focusing (page 29, paragraph [0291] and Figure 28, focusing movement indicated by arrows), at the predetermined object distance the first and second focusing lens groups moving at transition from a first focused state to a second focused state, the first and second focused states being among the plurality of focused states and having different amounts of aberration (Figures 29A, 29B, 29C, 30A, 30B and 30C, wherein aberration values are different for each state), the variable magnification optical system satisfying the following conditional expression: -6.80 <fl/f2 <-0.05, as defined (page 30, Table 10, wherein f1 = 171.900; f2 = -43.196; and f1/f2 = -3.98). With regard to dependent claim 3, Machida teaches all of the claimed limitations of the instant invention as outlined above with respect to independent claim 1, and further teaches such a variable magnification optical system wherein one of the first and second focusing lens groups has positive refractive power (page 29, paragraph [0281], lines 6-7 and page 31, wherein the focal length of G4 is positive), and the other has negative refractive power (page 29, paragraph [0281], lines 7-8 and page 31, wherein the focal length of G5 is negative). With regard to dependent claim 4, Machida teaches all of the claimed limitations of the instant invention as outlined above with respect to independent claim 1, and further teaches such a variable magnification optical system wherein the first and second focusing lens groups are disposed between an aperture stop and an image plane (Figure 28, wherein the first focusing lens (G4) and the second focusing lens (G5) are positioned between an aperture stop (S) and an image plane (I)). With regard to dependent claim 5, Machida teaches all of the claimed limitations of the instant invention as outlined above with respect to dependent claim 4, and further teaches such a variable magnification optical system wherein the following conditional expressions are satisfied: -0.20<DsrlW/TLW<0.20 and -0.25<DsrlT/TLT<0.25, as defined (page 30, Table 10, wherein Dsr1W = 29.471; Dsr1T = 29.007; TLW = 193.32; TLT = 244.81; Dsr1W/TLW = 0.152; and Dsr1T/TLT = 0.118). With regard to dependent claim 6, Machida teaches all of the claimed limitations of the instant invention as outlined above with respect to dependent claim 4, and further teaches such a variable magnification optical system wherein the following conditional expressions are satisfied: 0.10<Dsr2W/TLW<0.40 and 0.10<Dsr2T/TLT<0.40, as defined (page 30, Table 10, wherein Dsr2W = 38.671; Dsr2T = 38.207; TLW = 193.32; TLT = 244.81; Dsr2W/TLW = 0.2; and Dsr2T/TLT = 0.156). With regard to dependent claim 7, Machida teaches all of the claimed limitations of the instant invention as outlined above with respect to dependent claim 4, and further teaches such a variable magnification optical system wherein the following conditional expressions are satisfied: Dsr1W/DsiW<0.30 and DsrlT/DsiT<0.35 (pages 8 and 9, Tables 1 and 3, wherein Dsr1W = 29.471; Dsr1T = 29.007; DsiW = 102.45; DsiT = 124.45; Dsr1W/DsiW = 0.288; and Dsr1T/DsiT = 0.233). With regard to dependent claim 8, Machida teaches all of the claimed limitations of the instant invention as outlined above with respect to dependent claim 4, and further teaches such a variable magnification optical system wherein the following conditional expressions are satisfied: 0.20 < Dsr2W/DsiW and 0.25 < Dsr2T/DsiT (pages 8 and 9, Tables 1 and 3, wherein Dsr2W = 38.671; Dsr2T = 38.207; DsiW = 102.45; DsiT = 124.45; Dsr2W/DsiW = 0.377; and Dsr2T/DsiT = 0.307). With regard to dependent claim 10, Machida teaches all of the claimed limitations of the instant invention as outlined above with respect to independent claim 1, and further teaches such a variable magnification optical system wherein the first or second focusing lens group includes at least one lens satisfying the following conditional expression: 1.60 < ndF < 2.00, as defined (page 30, Table 10, lenses defined by Surface numbers 19/20 (nd = 1.71736); 22/23 (nd = 1.72825); and 24/25 (nd = 1.80400)). With regard to dependent claim 11, Machida teaches all of the claimed limitations of the instant invention as outlined above with respect to independent claim 1, and further teaches such a variable magnification optical system wherein the following conditional expression is satisfied: 0.00<|fF1/fF2|<4.00 (page 31, Table 10, wherein fF1 = 82.476; fF2 = -51.000; |fF1/fF2| = 1.62). With regard to independent claim 12, Machida teaches a variable magnification optical system (page 1, paragraph [0001] and Figure 28) comprising a first lens group (Figure 28, element G1), a second lens group (Figure 28, element G2), a third lens group (Figure 28, element G3), and a rear group (Figure 28, elements G4, G5, G6 and G7) in order from an object side (Figure 28), at varying magnification the distances between adjacent lens groups being varied (page 1, paragraph [0005]), at a predetermined object distance the variable magnification optical system having a plurality of focused states with different amounts of aberration (Figures 29A, 29B, 29C, 30A, 30B and 30C, and page 2, paragraphs [0041] and [0042]), the rear group including a focusing lens group that moves at focusing (Figure 28, element G4), and a variable aberration lens group that differs from the focusing lens group (Figure 28, element G5, wherein aberration correction is implemented by focusing lens group G5 to correct blur) and that moves at the predetermined object distance at transition from a first focused state to a second focused state (page 29, paragraph [0291] and Figure 28, focusing movement indicated by arrows), the first and second focused states being among the plurality of focused states and having different amounts of aberration (Figures 29A, 29B, 29C, 30A, 30B and 30C, wherein aberration values are different for each state). With regard to dependent claim 13, Machida teaches all of the claimed limitations of the instant invention as outlined above with respect to independent claim 12, and further teaches such a variable magnification optical system wherein the variable aberration lens group is disposed between an aperture stop and an image plane (Figure 28, wherein the variable aberration lens group (G5) is positioned between an aperture stop (S) and an image plane (I)). With regard to dependent claim 15, Machida teaches all of the claimed limitations of the instant invention as outlined above with respect to independent claim 12, and further teaches such a variable magnification optical system wherein the focusing lens group and the variable aberration lens group are composed of a lens satisfying the following conditional expression: 1.49 < ndFDC < 1.95, as defined (page 30, Table 10, lenses defined by Surface numbers 19/20 (nd = 1.71736); 20/21 (nd = 1.56732); 22/23 (nd = 1.72825); and 24/25 (nd = 1.80400)). With regard to dependent claim 17, Machida teaches all of the claimed limitations of the instant invention as outlined above with respect to independent claim 12, and further teaches such a variable magnification optical system wherein the following conditional expression is satisfied: 1.00 < f1/fW < 4.00 (page 30, Table 10, wherein f1 = 171.900; fW = 72.1; f1/fW = 2.38). With regard to dependent claim 18, Machida teaches all of the claimed limitations of the instant invention as outlined above with respect to independent claim 12, and further teaches such a variable magnification optical system wherein the following conditional expression is satisfied: 0.10 < Y/fW < 1.00 (page 30, Table 10, wherein Y = 21.6; fW = 72.1; Y/fW = 0.30). With regard to dependent claim 19, Machida teaches all of the claimed limitations of the instant invention as outlined above with respect to independent claim 12, and further teaches such a variable magnification optical system wherein the following conditional expression is satisfied: 1.50 < fW/BfW < 7.00 (page 30, Table 10, wherein fW = 72.1; BfW = 38.32; and fW/BfW = 1.88). With regard to dependent claim 20, Machida teaches all of the claimed limitations of the instant invention as outlined above with respect to independent claim 1, and further teaches an optical device comprising such a variable magnification optical system (page 1, paragraph [0002]). With regard to independent claim 21, Machida teaches a method for manufacturing a variable magnification optical system (page 1, paragraph [0001] and Figure 28) comprising a first lens group (Figure 28, element G1), a second lens group (Figure 28, element G2), a third lens group (Figure 28, element G3), and a rear group (Figure 28, elements G4, G5, G6 an G7) in order from an object side (Figure 1), the method comprising the lens groups so that at varying magnification the distances between adjacent lens groups are varied (page 1, paragraph [0005]), at a predetermined object distance the variable magnification optical system has a plurality of focused states with different amounts of aberration (Figures 29A, 29B, 29C, 30A, 30B and 30C, and page 2, paragraphs [0041] and [0042]), the rear group includes a first focusing lens group (Figure 28, element G4) and a second focusing lens group disposed closer to an image side than the first focusing lens group (Figure 28, element G5), the first and second focusing lens groups moving along different trajectories at focusing (page 29, paragraph [0291] and Figure 28, focusing movement indicated by arrows), at the predetermined object distance the first and second focusing lens groups move at transition from a first focused state to a second focused state, the first and second focused states with a different amount of aberration (Figures 29A, 29B, 29C, 30A, 30B and 30C, wherein aberration values are different for each state), and the following conditional expression is satisfied: -6.80 <fl/f2 <-0.05, as defined (page 30, Table 10, wherein f1 = 171.900; f2 = -43.196; and f1/f2 = -3.98). Allowable Subject Matter Claims 9, 14 and 16 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. The following is a statement of reasons for the indication of allowable subject matter: The prior art taken either singularly or in combination fails to anticipate or fairly suggest the limitations of the independent claims, in such a manner that a rejection under 35 U.S.C. §102 or §103 would be proper. With regard to dependent claim 9, although the prior art teaches a variable magnification optical system comprising a first lens group, a second lens group, a third lens group, and a rear group in order from an object side, at varying magnification the distances between adjacent lens groups being varied, at a predetermined object distance the variable magnification optical system having a plurality of focused states with different amounts of aberration, the rear group including a first focusing lens group and a second focusing lens group disposed closer to an image side than the first focusing lens group, the first and second focusing lens groups moving along different trajectories at focusing, at the predetermined object distance the first and second focusing lens groups moving at transition from a first focused state to a second focused state, the first and second focused states being among the plurality of focused states and having different amounts of aberration, the variable magnification optical system satisfying the following conditional expression: -6.80<fl/f2<-0.05, as defined, the prior art fails to teach such a variable magnification optical system wherein at least one of the first and second focusing lens groups includes at least one lens Z simultaneously satisfying the conditional expressions: ndLZ + (0.01425 ˟ νdLZ) < 2.250; νdLZ < 35.00; and 0.702 < θgFLZ + (0.00316 ˟ νdLZ), as defined. With regard to dependent claims 14 and 16, although the prior art teaches a variable magnification optical system comprising a first lens group, a second lens group, a third lens group, and a rear group in order from an object side, at varying magnification the distances between adjacent lens groups being varied, at a predetermined object distance the variable magnification optical system having a plurality of focused states with different amounts of aberration, the rear group including a focusing lens group that moves at focusing, and a variable aberration lens group that differs from the focusing lens group and that moves at the predetermined object distance at transition from a first focused state to a second focused state, the first and second focused states being among the plurality of focused states and having different amounts of aberration, the prior art fasil to teach such a variable magnification optical system wherein at least one of the first focusing lens group and the variable aberration lens group includes at least one lens Z simultaneously satisfying the conditional expressions: ndLZ + (0.01425 ˟ νdLZ) < 2.250; νdLZ < 35.00; and 0.702 < θgFLZ + (0.00316 ˟ νdLZ), as defined and claimed in dependent claim 14; or simultaneously satisfying he conditional expression: -2.50 f1/fW < -1.00, as defined and claimed in dependent claim 16. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Nishioka et al (U.S. Patent Publication 2021/0132345), Nakazawa et al (U.S. Patent Publication 2021/0055531), Ichimura et al (U.S. Patent Publication 2020/0233191) and Imaoka (U.S. Patent Publication 2016/0209632) all teach variable magnification optical systems. Any inquiry concerning this communication or earlier communications from the examiner should be directed to DARRYL J COLLINS whose telephone number is (571)272-2325. The examiner can normally be reached M-Th 5:30 a.m. - 4:00 p.m. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ricky L Mack can be reached at 571-272-2333. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /DARRYL J COLLINS/ Primary Examiner, Art Unit 2872 25 June 2026
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Prosecution Timeline

Sep 20, 2024
Application Filed
Jul 02, 2026
Non-Final Rejection mailed — §102 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
89%
Grant Probability
94%
With Interview (+5.0%)
2y 0m (~2m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1410 resolved cases by this examiner. Grant probability derived from career allowance rate.

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